After the original lawsuit was thrown out in 2007, Jay Z is under fire once again for the sample he used in his hit song "Big Pimpin'." The estate of composer Baligh Hamdi has sued the rapper/businessman for $5 million for his use of the song "Khosara Khosara" in his popular 2000 track. Joining him in court will be producer Timbaland, whose production was central to the track's success.
Although Hamdi died in 1993, XXL reports that his children will be allowed to seek compensation from the courts. Proceedings began on Tuesday morning, according to the Associated Press, with the two artists being accused of violating the composer's "moral rights." Although this concept may not have legal precedent in the U.S. court system, it is allegedly widely used in Egypt and is applicable in the case of copyright protection. Pete Ross, the attorney for the Hamdi estate, called an expert on Egyptian music to the stand to testify on songwriter's importance in Egyptian musical history. Ross argues that the "moral rights" of Hamdi would require both the artist and producer to seek permission from the composer before profiting off his work.
According to The Associated Press, "moral rights” were not discussed in court this week. Further, the pair’s legal representation argues that Hamdi’s heirs have been compensated on multiple occasions for the use of “Khosara Khosara.” They added that the original composition is too simple and thus ineligible for copyright protections. It is rumored that both Jay Z and Timbaland will testify in court. The trial will resume on Wednesday, October 14th, and will likely include a vigorous debate over the issue of “moral rights” in the American legal code, and whether or not “simple” compositions are entitled to protection under the 1976 Copyright Act.
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